Callaway v. DuBose

1. “Immediately upon the death of the husband the surviving spouse becomes a widow and may enter into a valid, contract for the burial expenses of the husband. It is not a debt or security from which the provisions of Code § 53-503 shield her. Indeed, after such death of her husband, she may legally assume his debts. Walker v. Walker, 139 Ga. 547 (7a), 549 (77 S. E. 795); Mize v. Hawkins, 54 Ga. 500; Booker v. Small, 147 Ga. 566 (2) (94 S. E. 999); Montgomery v. Padgett, 38 Ga. App. 389 (2) (144 S. E. 41); Brazell v. Hearn, 33 Ga. App. 490 (2) (127 S. E. 479).” Leatherman v. J. Austin Dillon…